{
  "id": 8658809,
  "name": "L. V. HART v. ATLANTIC COAST LINE RAILROAD COMPANY",
  "name_abbreviation": "Hart v. Atlantic Coast Line Railroad",
  "decision_date": "1907-03-05",
  "docket_number": "",
  "first_page": "91",
  "last_page": "92",
  "citations": [
    {
      "type": "official",
      "cite": "144 N.C. 91"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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    {
      "cite": "111 N. C., 378",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "108 N. C., 480",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "74 N. C., 89",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8681819
      ],
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    {
      "cite": "46 N. C., 480",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "10 Hun., 528",
      "category": "reporters:state",
      "reporter": "Hun.,",
      "opinion_index": 0
    }
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  "last_updated": "2023-07-14T19:27:07.773177+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "L. V. HART v. ATLANTIC COAST LINE RAILROAD COMPANY."
    ],
    "opinions": [
      {
        "text": "Clare, C. J.\nThis is an action to recover the value of cord-wood burned by a fire alleged to- bave been negligently set out by sparks from the defendant\u2019s engine. One Melton testified that as agent for the plaintiff be superintended the cutting and cording of the wood and reported, the number of cords to the plaintiff; that the number thus reported was correct, though be does not now remember the exact number; that these reports were sometimes made in writing and sometimes verbally. The written reports were admitted in evidence without objection. The plaintiff testified that the reports were made by Melton, as stated, and that be paid for the number of cords reported by him and that' be kept a record of the number. He further testified, over the defendant\u2019s objection, what the total number was which bad been reported by Melton and recorded by bimself, and which be bad paid for. This was competent. \u201cWhere a witness testifies that be has truly stated to a third person, of bis own knowledge, a fact which be bas since forgotten, the testimony of snob third party as to what the statement was is competent.\u201d 16 Cyc., 1198 (v) ; 1 Elliott Ev., sec. 389, 390; Shear v. Van Dyke, 10 Hun., 528.\nThe Court charged the jury that the measure of damages was the value of the wood in the locality where it was, and not what it could be sold for elsewhere, and refused to instruct them, as prayed, that \u201cthe measure of damages was the value of. the wood standing in the woods, plus the cost of cutting.\u201d In tbis there was no error. \u201cWhen property is lost or destroyed by the negligence of another, the usual rule as to the measure of damages is the reasonable worth of the property at the time and place of its destruction.\u201d Rippy v. Miller, 46 N. C., 480; 13 Cyc., 148 (c); Fowler v. Insurance Co., 74 N. C., 89; Grubbs v. Insurance Co., 108 N. C., 480; Boyd v. Insurance Co., 111 N. C., 378. The learned counsel for the defendant laid stress upon the word \u201clocality,\u201d but we think the Judge meant by this the \u201cplace,\u201d i. e., the value of the wood corded up in the woods where it was when burnt, and that the jury must have so understood him.\nNo Error.",
        "type": "majority",
        "author": "Clare, C. J."
      }
    ],
    "attorneys": [
      "G. M. T. Fountain for plaintiff.",
      "JoJin L. Bridgets for defendant."
    ],
    "corrections": "",
    "head_matter": "L. V. HART v. ATLANTIC COAST LINE RAILROAD COMPANY.\n(Filed 5 March, 1907).\n1. Evidence \u2014 Statements to Third Persons. \u2014 Where a witness testifies that he has truly stated to a third person, of his own knowledge, a fact which he has since forgotten, the testimony of such third party as to what the statement was is competent.\n2. Measure of Damages \u2014 Time and Place \u2014 Woods\u2014Judge\u2019s Charge. The- measure of damages to plaintiff\u2019s woods caused by the negligence of the defendant is the reasonable worth of the property at the time and place or locality of destruction, and it was not error in the Court below to refuse to charge that such was the value of the wood standing in the woods, plus the cost of cutting.\nCivil actioN, tried before Cooke, Jand a jury, at tbe October Term, 1906, of tbe Superior Court of Edgecombe County. Verdict and judgment for plaintiff. Defendant appealed.\nG. M. T. Fountain for plaintiff.\nJoJin L. Bridgets for defendant."
  },
  "file_name": "0091-01",
  "first_page_order": 131,
  "last_page_order": 132
}